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Patna High Court

Mohammad Shabbir @ Md. Shabbir AlamversusThe State of Bihar through Mr. B. Rajendra, the Principal Secretary, Department of Education

Decided
Disposal
WITHDRAWN

Holding

The contempt application is dismissed as withdrawn.

Summary

Petitioner Mohammad Shabbir, an Assistant Professor, filed a contempt application alleging that the respondents, despite a stay order dated 13‑05‑2025 in Letters Patent Appeal No. 86 of 2025, continued to deny him his post after a prior judgment had removed him. He sought enforcement of the stay and any other reliefs. The petitioner's counsel later requested permission to withdraw the contempt application. The Court considered whether the application could be withdrawn and whether any contempt had occurred. Justice Partha Sarthy, on behalf of the bench, allowed the withdrawal and dismissed the application as withdrawn. No further directions were issued.

Issues considered

  • Whether the contempt application filed by the petitioner should proceed despite the petitioner's request for withdrawal.
  • Whether the respondents' alleged non‑compliance with the stay order constitutes contempt of court.

Subjects

  • contempt of court
  • stay order
  • academic appointment
  • withdrawal of application
  • letters patent appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3306 of 2025
                                                      In
                                     Letters Patent Appeal No.86 of 2025
                 ======================================================
                 Mohammad Shabbir @ Md. Shabbir Alam Presently Posted as Assistant
                 Professor in the Department of Persian, Mirza Ghalib College, Gaya.

                                                                             ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Mr. B. Rajendra, the Principal Secretary,
                 Department of Education Government of Bihar, Patna.
           2.    Mr. Anil Kumar, the Special Secretary, Education Department, Govt. of
                 Bihar, Patna.
           3.    Dr. Binod Kumar Mangalam, Registrar, the Magadh University, Gaya.
           4.    Professor S.P. Sahi, the Vice Chancellor, Magadh University, Gaya.
           5.    Ali Hussain, the Principal, Mirza Ghalib College, Gaya.
           6.    Mirza Ghalib College, Gaya, through Sabi Arfeen Shamsi, its Secretary,
                 Governing Body.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Aniket Singh, Advocate
                                               Mr. Kunal Tiwary, Advocate
                 For the State          :      Mr. S.K. Singh, AAG- 13
                 For the University     :      Mr. Siddhartha Prasad, Advocate
                 For O.P. nos. 5 & 6    :      Mr. Girish Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                         and
                         HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

3   11-03-2026                   1. The petitioner has filed the instant application for

                   the following reliefs:

                                              “1. (i)    That    the    instant    contempt
                                    application is being filed for noncompliance of the
                                    order dated 13.05.2025 passed in LPA No. 86 of
                                    2025, passed by the Division Bench comprising of
                                    Hon'ble Mr. Justice Ashutosh Kumar, the then
           Patna High Court MJC No.3306 of 2025(3) dt.11-03-2026
                                                       2/2




                                     Acting Chief Justice and Hon'ble Mr. Justice
                                     Partha Sarthy, whereby and where under the
                                     Hon'ble Division Bench has stayed the operation of
                                     the impugned judgment dated 08.10.2024 passed in
                                     CWJC No. 10935 of 2021, wherein pursuant to the
                                     impugned judgment, the Appellant was removed
                                     from the post of Assistant Professor, Department of
                                     Persian of Mirza Ghalib College and inspite of the
                                     stay order passed by the Hon'ble Division Bench,
                                     the Opposite Parties in particularly the Secretary,
                                     of the Governing Body of the College has refused
                                     to allow the Appellant to continue on the post on
                                     which he was working prior to the passing of the
                                     judgment passed by the Hon'ble Single Judge.
                                                  (ii) For any other relief/reliefs for which
                                     the Appellant is entitled to.”

                                  2. Mr. Aniket Singh, learned counsel for the petitioner

                     seeks permission to withdraw this application.

                                  3. This application is dismissed as withdrawn.



                                                 (Partha Sarthy, J)


                                                  (Khatim Reza, J)
sauravkrsinha/-

U


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